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LAVIN v. FAUCI

170 N.J. Super. 403 (1979)

406 A.2d 978

GREGORY LAVIN, AN INFANT BY HIS GUARDIAN AD LITEM, EUGENE LAVIN, AND EUGENE LAVIN, IND., PLAINTIFFS-APPELLANTS, v. THERESA FAUCI, STEVE FAUCI AND LOUIS MARX & COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 1979.

Attorney(s) appearing for the Case

Joseph P. Schiappa argued the cause for appellants (Schwartz & Schiappa, attorneys).

James D. Martin argued the cause for respondent Louis Marx & Company (Lynch, Mannion & Lewandowski, attorneys).

Before Judges BISCHOFF, BOTTER and DWYER.

The opinion of the court was delivered by BISCHOFF, P.J.A.D.

Infant plaintiff Gregory Lavin was struck by a car when he lost control of his Big Wheel, a three-wheeled toy vehicle, which carried him into a street and across the path of an oncoming car. A jury found no liability on the part of either the driver of the car or Louis Marx & Company, manufacturer of the Big Wheel. Plaintiff appeals from the judgment entered in favor of Louis Marx & Company and the...

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